debate. it killed four americans including chris stevens. i'm i'll see you right here at 6:00 p.m. eastern on the fox news channel. >> paul: hillary clinton suggested that the consulate attack in benghazi involved the al-qaeda affiliate in north africa it was like will goly the work of the terrorist group. that admission led to many questions what took the administration so long with john mccain and lindsay graham issuing this statement. we recognize that al-qaeda involvement in the terrorist

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justices were john paul stevens went out at 90. david souter 69, sandra day o'connor 75. is there a tradition of when justices usually retire, be it age, or time served? >> well, they're like most human beings. a lot of factors weigh in. there is -- there was a tradition where justices would tend to retire during the term of a president that was at the same party that appointed them. but we know neither justices souter nor stevens did that. they were both republican employees and went out during president obama's term. life circumstances can drive retirement decisions. so it's really not scientifically predictable or politically predictable. >> do you see any most likely candidates if another seat opens up under president obama? >> you know, i think if president obama, first of all, justice ruth bader ginsburg i think the pressure to replace her with another woman appointee would be enormous. we've made progress in getting a third of the court female and i don't think president obama or any president would want to go backwards on that. so some potential people for justice ginsburg,

ambassador chris stevens and three others. this after the fbi xwan searching the u.s. consulate three weeks after the september 11th attack. the fbi had chosen not to go to benghazi until now, due to security concerns, raising questions about the integrity of the investigation. right before the show, i spoke to michael birnbaum by phone. >> reporter: they looked around here a little more than an how areu and then had gone to a market in town to look for potentially stolen goods. >> you've been in the consulate. what did you find? >> reporter: i found a gutted and looted series of buildings. it's burned out. it's empty now. it's not being overrun by bystanders. they let me look around. there are documents scattered all around. there are documents in the bedroom where ambassador stevens was staying. there are lots of documents and files in what appears to have been the security office for the mission. and among those files are records, sensitive records of administrative files, personnel files of libyans working with the americans, records of security protocols for what to do in case of emerg

, especially in colorado, a state that had two of the country's deadliest massacre in 19 years. steven barten is joining me now to talk about this. he was one of 58 people wounded in the aurora shooting, shot in the face and the neck. steven, good morning to you. first of all, let me ask how you're feeling. >> i'm feeling just fine. my recovery's gone remarkably well. >> well, that is certainly good news to hear. you were one of the lucky ones. what would you liked to have seen wednesday night at the first presidential debate in terms of the discussions about guns. >> i mean really any specific discussion or reference to the issue would have been great. ideally i would have loved both candidates to talk about whether they support having a background check. that's a huge issue and it would have been great to see, that especially in an auditorium ten miles from a theater where i was shot and so many others were shot. >> this certainly could come up at a later debate, which we'll discuss more about social issues but you told one of our reporters that skipping gun lays in the debate showed

dictatorship. chris stevens love his work. he took pride in the country he served anti sought dignity in the people that he met. two weeks ago, he traveled to establish a new cultural center and build a hospital. that is when the compound came under attack, along with three of his colleagues, chris was killed in the city that he helped to save. he was 52 years old. a study this story because chris stevens embody the best of america. like his fellow foreign service officers, he built divisions -- he built bridges across oceans. he is deeply invested in the vision that the united nations represents. he acted with humility, but he also stood up for a set of principles. a belief that individuals should be free to determine their own destiny and live with liberty, and dignity, justice, and opportunities. the attacks on the civilians in benghazi were attacks on america. we are grateful for the assistance we receive from the libyan government and from the libyan people. there should be no doubt that we will be relentless in tracking down the killers and bringing them to justice. i also appreciate t

in libya. the assault killed our u.s. ambassador chris stevens and three other americans. the suspects reportedly both to your tunisian nationals carrying fake passport. >> intelligence officials are keenly interested in these two detainees. all this as the state department explained today why it took the fbi so long to set foot inside the compound and annex where ambassador stevens and the other three americans were killed almost a month ago. we were working with the government of libya for permission for the fbi team and the dod team to travel there. we did seek permission for them as well as for the landing of the aircraft. and we worked to get them the appropriate vehicle. so we have been working through all these. >> fox news has confirmed in email exchange back in may on which ambassador stevens had been included the state department rejected requests from u.s. diplomats in libya to keep in the country, a state department airplane. a spokesman for the secretary of state said the airplane had been brought into libya when commercial flights will ceased and was returned to

chris stevens, who was killed. and james rosen know to tell us that piece of the puzzle and the reaction over its use. >> rick, at issue here is a hardbound book containing seven pages of handwritten note made by ambassador stevens. cnn says the correspondent found it on the ground three days after the attacks there. in his notes stevens reportedly expressed concerned of never ending security threats and worried he himself had been placed on an al-qaeda hit list. a spokesman told me that the fbi is investigating. a former u.s. ambassador told fox news's megyn kelly, the contents of the stevens journal may show a failing in the overall approach to the region. >> i'm sure that if he believed that security was a problem, he would have informed the state department's diplomatic security bureau and would have made a threat assessment and taken the necessary steps. the fact that he and three other americans by definition shows there's a massive failure of curt. at first cnn cited an individual with stevens' thinking and anderson cooper revealed the existence of the journal. aaccusing cnn of la

getting a bit more clear thanks to a journal kept by chris stevens. james rosen to tell us that piece of the puzzle and reaction over its use. >> at issue here is a hard bound book containing seven pages of handwritten notes made by ambassador stevens. they found journal three days after the attack there. stevens reportedly express concern about, quote, never ending security threats and he worried that he was on an al-qaeda hit list. state department spokesman the f.b.i. is investigating. however, a former u.s. ambassador told fox news megyn kelly the contents may expose, quote a failing in the overall approach to the region. >> i'm sure if he believed that security was a problem, he would have informed the state department's bureau. they would have made a threat assessment and taken necessary steps. fact that he and three americans were killed shows there was massive failure of security. >> at first cnn cited one source an aide to secretary clinton, they. they gave a furious statement by failing assurances reportedly gave to his family to return the journal. cnn executives disp

killed including ambassador chris stevens. it a violent end to a spontaneous protest over an anti-muslim film. but an investigation found c evidence to the contrary. >>> criticism from republicans over the initial response. now, one high-ranking republican wants u.s. ambassador to the united nations susan rice to step down. new york congressman peter king says rice is to be held account aable for her statements on the attack. here's what he told our wolf blitzer. >> i believe this was such a failure of foreign policy message and leadership. such a misstatement of the facts as known at the time and for her to go on all those showers and be misinforming the american people and our allies and countries around the world, to me, somebody has to pay the price first. we have so much things to go wrong and everyveryone forgets t it the next day. an american ambassador who was killed where by all the accumulation of evidence at the time the prezusumption had to b it was terrorism. it is definitivety terrorism, to say it was not terrorism at that time was a, to me, terrible mistake to make,

attack on the u.s. consulate in libya that killed ambassador chris stevens and three other americans. that's the word from a u.s. officials who says they are being questioned at the request of the united states. after they entered turkey this week. >>> an islamic cleric and four other suspects will be extradited to the united states. hours after the london high court ruled he could be extradited. his charges include conspiracy in connection with the kidnapping of 16 westerners in yemen in 1998. >>> a bold robbery in northern england. a man walks up and grabs an iphone out of the hands of this 21-month-old baby. police are still searching up for the suspect. >>> everybody is not a-okay on sesame street. it turns out big bird may have a bigger enemy. "the ridiculust" next. ♪ hi dad. many years from now, when the subaru is theirs... hey. you missed a spot. ...i'll look back on this day and laugh. love. it's what makes a subaru, a subaru. >>> time now for the "ridiculist." tonight wee adding all the feathers that have been ruffled over mitt romney's comments about pbs. or i would like

u.s. consulate in libya that killed ambassador chris stevens and three other americans. that's the word from a u.s. officials who says they are being questioned at the request of the united states. after they entered turkey this week. >>> an islamic cleric and four other suspects will be endi extradited to the united states. his charges include conspiracy in connection with the kidnapping of 16 westerners in yemen in 1998. >>> in italy, a verdict could come as soon as tomorrow in the trial of the pope's former butler, who is accused of stealing important vatican documents and leaking them to the press. >>> anderson, a bold robbery caught on tape in northern england. look at this. a man walks up to a stroller and grabs an iphone out of the hands of this 20 month old girl as she's watching barney and friends and then walks calmly away as if he's done nothing wrong. police are still searching for that suspect. >> wow. >> you believe that? >> i'm amazed a 20 month old is controlled enough to watch an -- have an iphone and use it. i'm still trying to figure out my iphone. but that's ter

visit the scene. more than three weeks after the death of the united states ambassador chris stevens. and don't be too surprised if foreign policy somehow creeps into this debate tonight. a debate that is expected to focus and supposed to on domestic issues. ♪ leaving my homeland ♪ pling a lone hand ♪ my life begins today ♪ ♪ fly by night away from here ♪ ♪ change my life again ♪ ♪ fly by night, goodbye my dear ♪ ♪ my ship isn't coming ♪ and i just can't pretend oww! ♪ [ male announcer ] careful, you're no longer invisible in a midsize sedan. the volkswagen passat. the 2012 motor trend car of the year. that's the power of german engineering. >> shepard: when president obama and governor romney take the stage behind me in denver tonight it may look a little familiar. organizers say they have been using the same set since 1988. they tell us they have made a few updates over the years but the candidates have no say at all over those changes. it's all up to the nonpartisan commission on presidential debates that runs these things. election officials across the c

it will be reported that the assassinated u.s. ambassador of libya chris stevens knew he was on an al qaeda hit list and inadequately protected before

? first, as we know, the diary of our fallen ambassador christopher stevens was uncovered at the site of the terrorist attack. according to cnn, he had concerns about his safety. this blatantly contradicts the state department's now deleted memo. since that discovery secretary of state hillary clinton has denied the concerns. remember this? >> there's one report suggesting that ambassador stevens that he was on a, quote, al-qaeda hit list. is this a scurrilous humor, gallous humor when one is workg in a period of great difficulty and challenge or is there something more to what he allegedly -- i stress that word -- said? >> as to your question, i have no information or reason to believe there's any basis for that. >> sean: despite the fact that our own ambassador e wrote it in his own diary, we're supposed to believe he never mentioned any of these concerns to his superiors, no emails, no diplomatic cables, nothing? secretary clinton also claims that the administration had no information to suggest that our assets in libya were ever at risk, but in light of the news that this was a pr

attack. and christopher stevens and three other americans were killed in the september 11th attack in benghazi and molly henneberg is following the story live in washington what happens next. >> she has her supporters including the president saying she's done extraordinary work at the united nations and providing the best knowledge that the administration had at the time. and john kerry, democratic chairman of the foreign relations committee says she's a quote enormously capable person, but republican congressman peter king is it not convinced. he wants to know why five days after the attack that killed ambassador chris stevens and three others, ambassador rice stated publicly on several talk shows it was a spontaneous attack that grew out of an anti-muslim video when there was evidence it was a coordinated terror attack. >> ambassador rice should resign and we should investigate how high up this went and if the administration would voluntarily come forward and why they gave out this false information when they had to know there was so much else out there and yet, they wanted to rule

libya. among the dead u.s. ambassador chris stevens. >> harris, it has been 25 days since four americans were murdered in libya the latest word from leon paneta, the hunt is on for the people responsible . he said it is too early to tell if the two men arrested were al-qaida affiliated . >> we are doing everything possible to go after those involved in the attack in libya . >> five days after the deadly raid on the embassy in benghazi ambassador susan rice said the attack spontanous and not necessarily terrorism. but she relied on the information that the intelligence community provided to her. information that she said represented the best current ark sessment as of the date of the her television appearances . that is not acceptable for mccane and johnson who say that the obama is misleading congress or the american people or blaming the failure on the intelligence community. ambassador rice said the administration launched an effort to find out what happened. but they failed to secower the scene for three weeks. the team in benghazi was denied a dc 3 aircraft they asked for .

direction. >> brian: you said when ambassador stevens lost his life he was torteured. >> i have reports that the body was torteured. it is not a pleasant thing to talk about. and seals that were there were not part of the security force and on a different mission and the seals run to the sound of fire. they did their job and duty and were great americans and unfortunately it was not a spontanous attack when ambassador rice said it was a spontanous even and our relationship with israel and never been better. that is misleading. our relationship with israel is strained . they are preparing to do a unilateral attack and our position over seas is dangerous and fragile. >> brian: we understand that intercepts show groups were talking to each other and bragging after the killing of four americans, including the ambassador and two navy seals and it makes it seem that an operation is under foot and it seems there is a special operation to go get these goys. would you support that? >> absolutely. you have to show leadership and policy of appeasement of apology doesn't work. our friends o

stevens and three other americans. >> the u.s. intelligence community now says it was a deliberate terrorist assault. cnn intelligence correspondent suzanne kelly has more. >> this is really the fullest account aing yet on behalf of the community which rarely venchers to the public domain to issue what they knew. the intelligence community says this was a deliberate and terrorized result sympathetic to al qaeda. that comes from se s from shawn. the reason we're seeing something like this two plus weeks after the attack, there is growing frustration within the inteigence community itself how information is being used. that initial assessment being this was a protest, a spontaneous attack that grew out of a protest in response to the anti-muslim films. it appears that as more information came in, that picture changed. the story from administration officials didn't change so dramatically and i think that really shows us that there are still unanswered questions. we don't have a direct timeline on when administration officials knew this was a terrorist attack and when they came out and

ambassador christopher stevens was murdered. do you condemn the attacking which caused his murder? >> translator: fundamentally, first of all, any action that is provocative offends the religious thoughts and feelings of any people we condemn. likewise, we condemn any type of extremism. of course, what took place was ugly, offending the holy prophet is quite ugly. this has very little or nothing to do with freedom and freedom of speech. this is the weakness and the abuse of freedom. and in many places it is a crime. it shouldn't take place, and i do hope that they will come in which politicians will not seek to offend those whom otherses hold holy or with sanctities. but we also believe that this must also be resolved in a humane atmosphere, in a participatory environment and we do not like anybody losing their lives or being killed in wri. >> there are protesters all over the middle east now threatening the staff of american embassies, threatening to kill them, behead them. do you think they should stop? >> translator: you see, i cannot determine what people or nations should do,

me begin by asking you whether you would say that ambassador stevens and the three other americans died as a result of a terrorist attack. >> certainly on that particular question, i would say yes. they were killed in the course of a terrorist attack on our embassy. >> two days later, secretary of state clinton made it even plainer. >> what happened in benghazi was a terrorist attack and we will not rest until we have tracked down and brought to justice the terrorists who murdered four americans. >> keeping them honest, if the white house wants credit for quickly labeling what happened in benghazi an act of terror, can't also claim credit for prudently not calling it terrorism for so many days. whatever you think, clearly these are two candidates with some big questions to face and perhaps, they will less than 48 hours from now. that debate, a lot to talk about for us. the polls, debates, big economic numbers coming out this week. joining us, ari fleischer, serving as an unpaid occasional communications adviser to the romney campaign. also, robert reich, former labor secretary in t